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Home → Legislative Business → Bills → 38-3

Status of bills in this Session.

Third Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.

It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications .

Bill 41

THE DRIVERS AND VEHICLES ACT AND THE HIGHWAY TRAFFIC AMENDMENT ACT

Table of Contents

Explanatory Note

(Assented to )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Drivers and Vehicles Act

The Drivers and Vehicles Act set out in

Schedule A is hereby enacted.

Highway Traffic Amendment Act

The Highway Traffic Amendment Act set out in

Schedule B is hereby enacted.

Coming into force

3(1)

Subject to subsections (2) and (3), this Act comes into force on the day it receives royal assent.

Coming into force —

Schedule A

3(2)

The Drivers and Vehicles Act comes into force as provided in

section 172 of that Act.

Coming into force —

Schedule B

3(3)

The Highway Traffic Amendment Act comes into force as provided in

section 88 of that Act.

THE DRIVERS AND VEHICLES ACT

PART 1

DEFINITIONS AND

INTERPRETATION

Definitions

1(1)

The following

definitions apply in this Act.

"certificate of insurance" means a certificate of insurance issued under The Manitoba Public Insurance Corporation Act or the regulations under that Act to the holder of a driver's licence, whether it is issued as part of the driver's licence or as a separate document. (« certificat d'assurance »)

"class" , in relation to

(

a) a driver's licence, means a driver's licence of a class prescribed in the regulations under this Act that authorizes the licence holder to drive one or more classes of motor vehicle as prescribed in those regulations; and

(

b) a motor vehicle, means the vehicle class in which the motor vehicle is classified by the regulations under this Act. (« classe »)

"common-law partner" of an individual means

(

a) a person who, with the individual, registered a common-law relationship under

section 13.1 of The Vital Statistics Act , and who is cohabiting with the individual; or

(

b) a person who, not being married to the individual, is cohabiting with him or her in a conjugal relationship and has so cohabited

(

i) for a period of at least three years, or

(ii) for a period of at least one year and they are together the parents of a child;

and, if the individual is dead, "common-law partner" means a person who, not having been married to the individual, cohabited with him or her at the time of death and so cohabited with him or her as set out in clause (

a) or (b). (« conjoint de fait »)

"dealer" means a person who carries on the business as principal or agent, or who holds himself or herself out as carrying on the business as principal or agent,

(

a) of buying motor vehicles or trailers;

(

b) of selling motor vehicles or trailers, whether or not in combination with leasing them; or

(

c) of buying and selling motor vehicles or trailers, whether or not in combination with leasing them. (« commerçant »)

"disease or disability" includes a disease or disability in the form of alcoholism or drug addiction, or an alcohol-related or drug-related problem. (« maladie ou incapacité »)

"drive-away unit" means a combination of a lead motor vehicle and one or more other vehicles that are

(

a) entirely carried;

(

b) towed in such a manner that all of the vehicles' wheels are on the highway; or

(

c) partly towed and partly carried;

and includes the lead motor vehicle even when it is not in combination with other vehicles. (« ensemble de véhicules »)

"driver's licence" means

(

a) a driver's licence under this Act that authorizes the licence holder to drive one or more classes of motor vehicle as prescribed in the regulations under this Act; and

(

b) a temporary driver's licence under subsection 264(11) or (12) or subsection 279(3) of The Highway Traffic Act or a temporary permit under subsection 263.1(1.2) or 268(1) of that Act;

(

c) any other driver's licence or permit to drive issued under The Highway Traffic Act before the day this Act comes into force. (« permis de conduire »)

"duly qualified medical practitioner" means an individual registered under The Medical Act . (« médecin »)

"family" includes a common-law partner. (« famille »)

"garage" means a building or part of a building in or at which vehicles are serviced in the ordinary course of business and includes the parcel of land on which the building is located. (« garage »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"motor carrier" means motor carrier as defined in

Part VIII of The Highway Traffic Act . (« transporteur routier »)

"motor vehicle liability insurance card" means

(

a) an owner's certificate as defined in The Manitoba Public Insurance Corporation Act or the regulations under that Act;

(

b) a motor vehicle liability insurance card referred to in

section 35 of The Manitoba Public Insurance Corporation Act ; or

(

c) a card or other document issued to a person who resides or formerly resided outside Manitoba by an authorized insurer, or by an insurer that is authorized to transact business in the province, state or country in which the person resides or formerly resided and that has filed with the Superintendent of Insurance, in the form the Superintendent requires, the power of attorney and undertakings mentioned in

section 161 of The Highway Traffic Act ;

and which in each case is evidence of motor vehicle liability insurance, insuring the person named in the certificate, card or other document to the extent of not less than the amounts required under

section 160 of The Highway Traffic Act . (« carte d'assurance-responsabilité automobile »)

"novice driver" has the meaning set out in the regulations. (« conducteur débutant »)

"number plate" means a plate to be displayed on a vehicle showing the numbers and letters that make up the vehicle's registration number

(

a) under this Act; or

(

b) under the laws of a jurisdiction outside Manitoba if the vehicle is registered outside Manitoba. (« plaque d'immatriculation »)

"off-road vehicle" means an off-road vehicle as defined in The Off-Road Vehicles Act . (« véhicule à caractère non routier »)

"optometrist" means an individual who is a member of the Manitoba Association of Optometrists and is entitled to practise optometry in Manitoba. (« optométriste »)

"out-of-province driving permit" means a licence, permit or other document that

(

a) authorizes a person to drive a motor vehicle; and

(

b) is issued by a competent authority outside Manitoba. (« permis de conduire de non-résident »)

"owner" includes a person who has exclusive use of a vehicle under a lease or other agreement for a period of more than 30 days. (« propriétaire »)

"peace officer" means

(

a) a member of the Royal Canadian Mounted Police Force or another police officer, police constable or constable, or another person employed for the preservation and maintenance of the public peace; and

(

b) a person appointed under this Act to enforce this Act or the regulations. (« agent de la paix »)

"qualified mechanic" means a mechanic who holds a qualified mechanic's permit issued under the regulations or who is otherwise authorized by the administrator or the minister to perform vehicle inspections and to issue certificates in respect of those inspections. (« mécanicien qualifié »)

"recognized agency" means

(

a) The Addictions Foundation of Manitoba; or

(

b) any other agency or person engaged in the diagnosis and treatment of persons suffering from alcoholism or drug addiction and approved by the registrar. (« organisme reconnu »)

"recycler" means a person who carries on the business, or holds himself or herself out as carrying on the business, of

(

a) buying motor vehicles or parts of motor vehicles

(

i) to destroy them for scrap or dismantle them for parts, or

(ii) to resell to another for the purpose of destroying them for scrap or dismantling them for parts; or

(

b) buying and selling used motor vehicle parts. (« récupérateur »)

"registrar" means the registrar of Motor Vehicles appointed under

section 3. (« registraire »)

"registration card" means a card that signifies that the vehicle described in the card is registered under this Act for any registration period shown in the card and, in any provision of this Act that requires a person to produce a vehicle's registration card to a peace officer, includes

(

a) a registration permit under this Act;

(

b) a cab card, or a permit under

section 87 of The Highway Traffic Act ; or

(

c) any document that signifies that the vehicle is registered under the laws of a jurisdiction outside Manitoba. (« carte d'immatriculation »)

"registration class" , in relation to a vehicle, means the registration class of the vehicle as prescribed in the regulations. (« classe d'immatriculation »)

"registration class sticker" means a sticker for use on a number plate to show the registration class of the vehicle that displays the number plate. (« vignette de classe d'immatriculation »)

"registration period" , in relation to a vehicle, means the registration period for that vehicle determined under the regulations. ( « période d'immatriculation »)

"regulation" , except when specified otherwise, means a regulation made under this Act. (« règlement »)

"repairer" means a person who

(

a) maintains a garage for servicing motor vehicles, at a charge or price or for consideration, in the ordinary course of business; or

(

b) owns and operates a fleet of five or more motor vehicles or other vehicles, or both, and maintains facilities to service them. (« réparateur »)

"salesperson" means a person employed or otherwise engaged by a dealer to buy and sell motor vehicles or trailers or to negotiate agreements to buy and sell motor vehicles or trailers on the dealer's behalf. (« vendeur »)

"service" , in relation to a vehicle, means repair, maintain, paint or otherwise care for the vehicle, and includes repairing or maintaining a part or accessory or other equipment of a vehicle, but does not include selling fuel, lubricants, engine coolant or other fluid products, or services incidental to such sales. (« entretenir »)

"state of the United States" means a state or territory of the United States of America and includes the District of Columbia. (« État »)

"supervising driver" has the meaning set out in the regulations. (« conducteur surveillant »)

"valid" , in relation to a driver's licence, out-of-province driving permit or other permit, certificate, student identification sticker or other sticker, vehicle registration or licence, registration card, cab card or other vehicle registration document, means a licence, permit, certificate, sticker, card or document that

(

a) is validly issued under the enactment under which it is issued; and

(

b) has not expired or been suspended, cancelled or revoked at the time when its validity is material. (« valide »)

"validation sticker" means a sticker for use on a number plate to show that the registration of the vehicle that displays the number plate is valid or to show the expiry date of the registration. (« vignette de validation »)

"vehicle identification number" means

(

a) the manufacturer's vehicle identification number of a vehicle; or

(

b) the vehicle identification number authorized to be attached to a vehicle under subsection 42(3) or 79(3) or under the laws of a jurisdiction outside Manitoba. (« numéro d'identification de véhicule »)

"written off" , in relation to a motor vehicle, means written off as described in the regulations. (« perte totale »)

Application of Highway Traffic Act

definitions

1(2)

The following terms have the same meaning in this Act as they have in The Highway Traffic Act :

"appeal board"

"cab card"

"commercial truck"

"drive"

"emergency vehicle"

"farmer"

"farm tractor"

"farm trailer"

"farm truck"

"gross weight"

"highway"

"implement of husbandry"

"livestock"

"medical review committee"

"motor vehicle"

"public service vehicle"

"regulated school bus"

"school bus"

"semi-trailer"

"semi-trailer truck"

"special mobile machine"

"taxicab"

"tractor"

"traffic"

"traffic authority"

"trailer"

"transport board"

"truck"

"truck tractor"

"vehicle"

Meaning of other words and expressions

1(3)

Words and expressions used in this Act and not defined in this Act have the meaning given to them in The Highway Traffic Act .

Interpretation

1(4)

For the purposes of a document, information, application, prosecution, process or other proceeding commenced or issued under this Act, any one or more of the terms "suspended", "cancelled", "disqualified" or "prohibited", or terms of like meaning, and other parts of speech and tenses of those terms may be used synonymously or interchangeably. The use of one or more or any of those terms does not affect the validity or sufficiency of the document, information, application, prosecution, process or other proceeding.

PART 2

ADMINISTRATION OF THIS ACT

Designation of administrator

2(1)

The Manitoba Public Insurance Corporation is the administrator for the purposes of this Act and the regulations under this Act and for the purposes of any other Act or regulation that imposes a duty or confers a power on the administrator.

Administrator's duties and powers

2(2)

The administrator must perform the duties that are imposed on it by this or another Act, or a regulation, and any other duties that the minister may require. The administrator may exercise the powers conferred on it by this or another Act, or a regulation.

Directions by minister

2(3)

The minister may give directions to the administrator or the registrar to achieve the purposes of this Act, The Highway Traffic Act, The Off-Road Vehicles Act and the regulations under any of those Acts, including, but not limited to, directions for the purpose of

(

a) achieving provincial objectives and priorities respecting the regulation of Manitoba highways and persons and vehicles using highways;

(

b) providing guidelines for the administrator to follow in administering this Act, and for the administrator and the registrar in performing their duties and exercising their powers; and

(

c) coordinating the work of the administrator and the registrar with the programs, policies and work of the government in regulating highways and transportation.

Delegation

2(4)

The administrator may delegate any of its duties or powers to an officer or employee of the administrator, who is then authorized to perform the duty or exercise the power.

Appointment of Registrar of Motor Vehicles

3(1)

The administrator may appoint one of its officers or employees as registrar of Motor Vehicles for the purposes

(

a) of this Act and the regulations, and of any other Act or a regulation under another Act that imposes a duty or confers a power on the registrar; and

(

b) of

section 260 of the Criminal Code (Canada).

Appointment of Deputy-Registrar

3(2)

For the purposes of

an Act or regulation mentioned in subsection (1), the administrator may appoint one of its officers or employees as Deputy-Registrar of Motor Vehicles. Under the supervision of the registrar, the deputy-registrar may carry out the registrar's duties and exercise the registrar's powers under this Act or the regulations or under any other Act or a regulation under any other Act.

PART 3

DRIVER LICENSING

REQUIREMENT FOR A DRIVER'S LICENCE

Driver's licence required to drive motor vehicle

4(1)

A person may not drive a motor vehicle on a highway unless the person

(

a) holds a valid driver's licence of a class that authorizes the person to drive the class of motor vehicle being driven; and

(

b) carries the driver's licence while driving.

Driver's licence required to drive certain other vehicles

4(2)

A person may not drive an implement of husbandry, special mobile machine or tractor on a provincial highway, or a highway within the municipal boundaries of a city, town, village or urban municipality, unless the person

(

a) holds a valid driver's licence of a class that authorizes him or her to drive a class 5 motor vehicle without a full-time supervising driver; and

(

b) carries the licence while driving.

Restricted Licences

Restricted licences

The registrar may issue a restricted driver's licence of any class

(

a) authorizing the licence holder to drive only a motor vehicle of a specified kind or type, or equipped in a manner specified in the driver's licence; or

(

b) specifying any other conditions or restrictions that the registrar, the medical review committee or the appeal board may impose on the licence holder.

When a Driver's Licence Must Not Be Issued

Restrictions on issue of licence

6(1)

The registrar must not issue

(

a) a driver's licence of any class to a person under the age of 16 years, except as permitted by the regulations;

(

b) a class 1, 2, 3 or 4 driver's licence to a person under the age of 18 years;

(

c) a driver's licence of any class to a person who is not a resident of Manitoba, unless the person is exempted by the regulations; or

(

d) a driver's licence of any class

(

i) to a person whose driver's licence has been cancelled, unless the registrar is satisfied that the person is a fit and proper person to hold a driver's licence of the class being issued,

(ii) to a person whose driver's licence is suspended,

(iii) to a person who is prohibited from driving by a court, unless the court's prohibition order allows the person to drive a vehicle that is equipped with an ignition-interlock device and the driver's licence is a restricted licence, as defined in

section 279.1 of The Highway Traffic Act , or the order otherwise allows the licence to be issued,

(iv) to a person who has a disease or disability that may be expected to interfere with safely driving a motor vehicle that may be driven with a driver's licence of the class applied for, except as permitted under this Act or the regulations,

(

v) to a person who declines to take or fails any examination that the person is required to take under this Act or the regulations,

(vi) to a person who declines to take or fails to complete an impaired driver's course that the person is required to take under this Act or the regulations, or

(vii) to a person whose driver's licence consists of a licence certificate and photo identification card and who fails or refuses to be photographed as required by this Act and the regulations.

Notice of refusal to issue driver's licence

6(2)

When the registrar refuses to issue a driver's licence to a person for any of the reasons set out in subsection (1), the registrar

(

a) may give the person a written notice of refusal stating the reason for the refusal; and

(

b) must give the person a written notice of refusal stating the reason for the refusal if the person requests the notice within six months after the registrar's refusal.

Appeal against refusal

6(3)

Within six months after the date of the written notice of refusal, the person may appeal the refusal to the appeal board as provided in

section 279 of The Highway Traffic Act .

Issuing driver's licence to a temporary resident

6(4)

If a person applying for a driver's licence, a renewal of a driver's licence or a photo identification card is not a permanent resident of Canada, the registrar must only issue a driver's licence or photo identification card to the person for the portion of the licence period during which, under the laws of Canada, the person is entitled to be in Canada.

DRIVING BY NEW RESIDENTS OF MANITOBA

Temporary validity of out-of-province driving permit

Despite any other provision of this Part, a person who becomes a resident of Manitoba and holds a valid out-of-province driving permit that authorizes him or her to drive any class of motor vehicle may drive a motor vehicle of that class for the first three months after he or she becomes a resident, without obtaining a driver's licence under this Act.

NOVICE DRIVERS

Regulations respecting novice drivers

8(1)

The Lieutenant Governor in Council may make regulations

(

a) defining "novice driver" and "supervising driver";

(

b) classifying novice drivers for any purpose or provision of the regulations, based on any criteria the Lieutenant Governor in Council considers appropriate;

(

c) prescribing drivers' licences of different classes and subclasses for novice drivers;

(

d) requiring a novice driver who holds a driver's licence of any class or subclass to be supervised, while driving, by a supervising driver;

(

e) governing supervising drivers and prescribing the qualifications and requirements for supervising drivers, including, but not limited to, requiring every supervising driver to identify himself or herself and produce his or her driver's licence to a peace officer on demand;

(

f) prescribing the length of time or the method of determining the length of time during which a person shall be a novice driver or shall be restricted to any class or subclass of driver's licence for novice drivers;

(

g) respecting circumstances under which a novice driver may be required to produce evidence that he or she has successfully completed an approved driver education or training course;

(

h) respecting approved driver education or training courses for novice drivers, respecting minimum standards and criteria for such courses, and respecting their implementation;

(

i) governing novice drivers and prescribing conditions and restrictions applicable to any class or subclass of driver's licence for novice drivers;

(

j) prescribing markers or identifying devices to be displayed on or in motor vehicles driven by novice drivers or novice drivers with licences of any class or subclass and governing the conditions of their use and the manner of displaying them;

(

k) exempting novice drivers or classes of novice drivers from any requirement under this Part or any regulation made under this subsection, and prescribing conditions for the exemptions;

(

l) providing that

section 147 applies to novice drivers who hold certain classes or subclasses of driver's licence, and prescribing conditions for its application;

(

m) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Part as it relates to novice drivers.

Application of regulations

8(2)

A regulation made under subsection (1) may be general or particular in its application and may apply in whole or in

part in respect of any class of driver's licence for novice drivers or any class of novice driver.

Offence and penalty

8(3)

A novice or supervising driver who contravenes a provision of a regulation made under subsection (1), or a novice driver who contravenes a condition or restriction of his or her driver's licence, is guilty of an offence and is liable on

summary conviction to the penalties set out in

section 117.

Saving

8(4)

Imposing a penalty under subsection (3) on a driver does not restrict, limit or affect any other provision of this Act that authorizes or requires the suspension or cancellation of a driver's licence or vehicle registration, or the disqualification of a person from holding a driver's licence or registering a vehicle.

Defence of novice driver to charge re supervising driver's qualifications

8(5)

It is a defence to a charge against a novice driver under subsection (3) relating to the qualifications or requirements of the supervising driver if the accused establishes that he or she took all reasonable measures to comply with the regulations.

Stages for novice drivers

9(1)

A novice driver must hold a class or subclass of driver's licence prescribed by regulation for novice drivers

(

a) in the learner stage for at least nine months before being eligible to progress to the intermediate stage;

(

b) in the intermediate stage for at least 15 months before being eligible to progress to the full stage; and

(

c) in the full stage for at least 12 months before he or she is no longer a novice driver.

Exemption for existing licences

9(2)

Subsection (1) does not apply to a driver's licence that is issued before April 1, 2002.

APPLYING FOR A DRIVER'S LICENCE

Applying for a driver's licence

A person applying for any class of driver's licence must

(

a) apply in the form required by the registrar;

(

b) pay the charge specified in the regulations under The Highway Traffic Act and the premium and surcharges prescribed for the driver under The Manitoba Public Insurance Act ; and

(

c) allow himself or herself to be photographed for the photo identification card of the driver's licence according to the registrar's requirements, unless the person is exempted by regulation from the requirement to be photographed.

Form and Content of Driver's Licence

Two-part driver's licence

11(1)

Subject to subsections (2) and (3), a driver's licence issued by the registrar consists of

(

a) a photo identification card; and

(

b) a driver's licence certificate;

in the form and setting out the information required by the registrar. If the driver is exempted by regulation from the requirement to be photographed, the registrar must issue the photo identification card without a photograph.

Exception for temporary driver's licence

11(2)

The registrar may issue a temporary driver's licence

(

a) in the form and containing the information he or she requires; and

(

b) for any duration he or she considers appropriate.

Non-application

11(3)

Subsection (1) does not apply to a driver's licence or permit issued by a peace officer, judge or justice under the authority of a provision of this Act or any other Act.

Particulars on driver's licence

11(4)

A driver's licence issued under this Act must

(

a) be in the form and set out the information required by the registrar;

(

b) set out any additional driving privileges the licence holder has, which would not otherwise apply to the particular class of driver's licence; and

(

c) be signed by the licence holder in ink in the space provided.

Requirement to Prove Age and Other Particulars

Proof of age

12(1)

The registrar may require a person who applies for a driver's licence to produce for inspection an official birth certificate, or other proof of the date of his or her birth satisfactory to the registrar.

Documents as proof of identity and residence

12(2)

A person who applies for a driver's licence or a renewal, replacement or reinstatement of a driver's licence, or who applies for a photo identification card, must on request produce to the registrar the documents prescribed in the regulations for the type of application as proof

(

a) of the person's identity;

(

b) that the person resides in Manitoba; and

(

c) that the person is entitled under the laws of Canada to be in Canada during the licence's period of validity.

Change of Name or Address

Change of name or address

A licence holder who changes his or her name or address must, within 15 days after the change, notify the registrar of his or her new name or new address. On request from the registrar, the licence holder must provide the registrar with documentation satisfactory to the registrar to verify the new address or show that the change of name complies with the laws of Manitoba.

Declaration by Applicant for Driver's Licence

Declaration by applicant

14(1)

When a person applies for a driver's licence of any class, the person must make a declaration in the form and containing the information the registrar requires.

Specific declarations

14(2)

Without limiting the generality of subsection (1), a person applying for a driver's licence of any class must declare whether he or she

(

a) has a disease or disability that may interfere with safely driving any motor vehicle that may be driven with the class of driver's licence applied for; or

(

b) possesses a valid out-of-province driving permit.

Persons Who Are Not Competent to Drive

Refusal of driver's licence to incompetent person

15(1)

If the registrar is satisfied that a person is not competent to drive a motor vehicle, based on a declaration by the person, a driver's examination or otherwise, the registrar may, by giving a written notice, refuse to issue a driver's licence to the person or may cancel the person's driver's licence.

Giving cancellation notice

15(2)

A notice under subsection (1) must be given to the person

(

a) by personal service; or

(

b) by mailing or delivering it to the person at his or her last known address as shown in the records maintained by the registrar, using a mail or delivery service that provides the registrar with an acknowledgment of receipt.

Evidence of receipt by mail

15(3)

Evidence that a notice under subsection (1) was mailed or delivered in accordance with clause (2)(

b) and that the registrar received an acknowledgment of its receipt is proof, in the absence of evidence to the contrary, that the notice was received by the person to whom it was addressed.

Examination of applicant

15(4)

If a person who has been refused a driver's licence, or whose driver's licence has been cancelled under subsection (1), asks to take a driving competency examination, the registrar must allow the person to take the examination. This is subject to the person paying the charge for the examination specified in the regulations under The Highway Traffic Act .

When person passes examination

15(5)

The registrar must issue a driver's licence to a person who passes an examination requested under subsection (4) if the person is otherwise entitled to a driver's licence under this Act.

When person does not pass examination

15(6)

A person who does not pass the examination requested under subsection (4) is not entitled to take another driving competency examination without the consent of the registrar.

Replacement of Driver's Licence

Issuing replacement licence

16(1)

A person who holds a valid driver's licence may apply to the registrar for a replacement if the original driver's licence is lost or destroyed. The registrar may issue the replacement licence if the person pays the charge specified in the regulations under The Highway Traffic Act and provides proof satisfactory to the registrar

(

a) that the driver's licence was lost or destroyed; and

(

b) that he or she is the person to whom the driver's licence was issued.

Return of replacement driver's licence

16(2)

A person who obtains a replacement driver's licence and afterwards finds the original must return the replacement driver's licence to the registrar without delay.

Care and Production of Driver's Licence

Care and production of licence

A person who holds a driver's licence must

(

a) keep it clean and legible; and

(

b) produce it to the registrar or a justice, when the registrar or justice requires it to be produced.

MEDICAL REQUIREMENTS

Medical report required

18(1)

By giving a written notice to a person who is applying for or holds a driver's licence, the registrar may require the person

(

a) to be examined by, and to provide a report to the registrar from,

(

i) a duly qualified medical practitioner, optometrist or other expert as to whether the person has a disease or disability that may interfere with safely driving a motor vehicle that may be driven with the class of driver's licence applied for or held, or

(ii) a recognized agency as to whether the person has a disease or disability that may interfere with safely driving a motor vehicle that may be driven with the class of driver's licence applied for or held; and

(

b) if the registrar considers it advisable, to be examined again by, and to provide a further report from, a medical practitioner, optometrist, expert or agency described in clause (a).

Content of notice under subsection (1)

18(2)

A notice under subsection (1) must specify the type of report that the registrar requires and the person or agency or kind of person that must make it. The notice may specify the day by which it must be provided to the registrar.

Temporary suspension

18(3)

At the time a notice under subsection (1) is given, or at a later time, the registrar may, by giving a written notice, suspend the person's driver's licence, if any, and the person's right to have a driver's licence. The suspension is in effect until the person provides the reports required under subsection (1) and the registrar takes action under subsection (7) or (8).

Content of notice under subsection (3)

18(4)

A notice under subsection (3) must specify the action taken by the registrar and state that the action is effective until the registrar takes further action under subsection (7) or (8).

When all reports not provided

18(5)

If a person, other than a person who has been given a notice under subsection (3), does not provide each report required under subsection (1) within the time specified in the notice or any extension of time given by the registrar, the registrar may do one or more of the following by giving a written notice to the person:

(

a) suspend the person's right to have a driver's licence;

(

b) cancel the person's driver's licence;

(

c) issue a lower class of driver's licence to the person under subsection 29(4).

No appeal

18(6)

Despite any other provision of this Act, no appeal lies from a suspension under subsection (3) or from an action of the registrar under clause (5)(a), (

b) or (c).

Registrar's action re person without disease or disability

18(7)

When the registrar is satisfied by the reports a person provides under subsection (1) that the person does not have a disease or disability that may interfere with safely driving a motor vehicle that may be operated with the class of driver's licence applied for or held, the registrar must do whichever of the following applies in the circumstances:

(

a) if the person's driver's licence or right to have a driver's licence was suspended under subsection (3), terminate the suspension;

(

b) if the person's right to have a driver's licence was suspended under clause (5)(a), terminate the suspension;

(

c) if the person's driver's licence was cancelled under clause (5)(b), reinstate the driver's licence;

(

d) after doing anything under clause (a), (

b) or (c), issue a new driver's licence certificate to the person if the registrar is satisfied that the person is competent to drive a motor vehicle that may be driven with the class of driver's licence;

(

e) if the person was issued a lower class of driver's licence under clause (5)(c), issue a driver's licence of the original class to the person.

If registrar satisfied person has a disease or disability

18(8)

When the registrar is satisfied by the reports a person provides under subsection (1) that the person has a disease or disability that may interfere with safely driving a motor vehicle that may be operated with the class of driver's licence applied for or held, the registrar must do whichever of the following applies in the circumstances:

(

a) suspend the person's right to have a driver's licence by giving the person a written notice;

(

b) cancel the person's driver's licence by giving the person a written notice;

(

c) issue a driver's licence with restrictions under

section 5;

(

d) issue a lower class of driver's licence to the person under subsection 29(4);

(

e) require the person to take such steps in relation to an action under clause (

c) or (

d) as the registrar considers appropriate.

Methods of giving certain notices

18(9)

A notice under subsection (3) or (5) or clause (8)(

a) or (

b) must be given to the person

(

a) by personal service; or

(

b) by mailing or delivering it to the person at his or her last known address as shown in the records maintained by the registrar, using a mail or delivery service that provides the registrar with an acknowledgment of receipt.

Evidence of receipt by mail

18(10)

Evidence that a notice was mailed or delivered in accordance with clause (9)(

b) and that the registrar received an acknowledgment of its receipt is proof, in the absence of evidence to the contrary, that the notice was received by the person to whom it was addressed.

Methods of giving other notices

18(11)

The registrar may give a notice under subsection (1) or clause (8)(c), (

d) or (

e) by any method that the registrar considers appropriate.

Appeal to Medical Review Committee

Appeal to medical review committee

A person may appeal the action of the registrar under subsection 18(8) in respect of the person's driver's licence to the medical review committee by following the appeal procedure specified by the medical review committee.

No action against physician, optometrist or agency

No action or proceeding may be brought against

(

a) a duly qualified medical practitioner, optometrist or other expert, or a recognized agency, or an employee or agent of any of them, for any injury or damage suffered as a result of a report provided by the medical practitioner, optometrist, expert, agency, employee or agent under subsection 18(1); or

(

b) a recognized agency or an employee or agent of a recognized agency for any injury or damage suffered as a result of an assessment provided by the agency, employee or agent under

section 21 or 22.

REQUIREMENT FOR ASSESSMENT OF IMPAIRED DRIVER

Reinstatement of impaired persons

The registrar must require a person who applies for a driver's licence to provide the registrar with an impaired driver's assessment from a recognized agency and, if that agency considers it advisable, to successfully complete an educational or treatment program offered by a recognized agency if

(

a) the person's driver's licence or driving permit has been suspended, or the person has been disqualified from

(

i) driving a motor vehicle, or

(ii) operating an off-road vehicle,

under

section 263.1 or 263.2 of The Highway Traffic Act or a comparable provision of the laws of another jurisdiction; or

(

b) the person has been convicted of an offence under

section 253, 254 or 255 of the Criminal Code (Canada).

Non-application to 24-hour suspensions and disqualifications

22(1)

This

section does not apply to a person who receives a 24-hour driver's licence suspension or driving disqualification under

section 265 of The Highway Traffic Act in relation to an incident if

(

a) the person's driver's licence is suspended, or he or she is disqualified from applying for or holding a driver's licence or from driving a motor vehicle or operating an off-road vehicle, under

section 263.1 or 263.2 of that Act in relation to the incident; or

(

b) the person is convicted of an offence under

section 253, 254 or 255 of the Criminal Code (Canada) in relation to the incident.

Notice for alcohol assessment

22(2)

The registrar must serve a notice under subsection (3) on a person each time, after the first, in any three year period that

(

a) the person's driver's licence is suspended under

section 265 of The Highway Traffic Act ; or

(

b) the person is disqualified from applying for or holding a driver's licence or from driving a motor vehicle or operating an off-road vehicle under

section 265 of that Act.

Content of notice

22(3)

The notice must state

(

a) that the person is required

(

i) to provide to the registrar an impaired driver's assessment from a recognized agency within a specified period, and

(ii) if that agency considers it advisable, to successfully complete an educational or treatment program offered by a recognized agency within a further specified period; and

(

b) that, if the person fails to meet any requirement of clause (

a) within the specified period or any extension of the period approved by the registrar, the registrar may suspend the person's driver's licence and right to hold a driver's licence and may disqualify the person from holding a driver's licence and from driving a motor vehicle or operating an off-road vehicle until he or she meets the requirement.

Suspension or disqualification

22(4)

The registrar may suspend a person's driver's licence and right to hold a driver's licence and may disqualify a person from applying for or holding a driver's licence and from driving a motor vehicle or operating an off-road vehicle if the person fails to meet any requirement of the notice within the period specified in the notice or any extension of the period approved by the registrar. The suspension or disqualification is in effect until the person meets the requirement.

No appeal

22(5)

Despite any other provision of this Act, no appeal lies from a suspension or disqualification imposed under subsection (4).

When assessment indicates disease or disability

23(1)

When the registrar is satisfied by an assessment provided under

section 21 or 22 that the person has a disease or disability that may interfere with safely driving a motor vehicle that may be driven with the class of driver's licence applied for or held, or with safely operating an off-road vehicle, the registrar must do whichever of the following applies to the person:

(

a) suspend the person's right to have a driver's licence by giving the person a written notice;

(

b) cancel the person's driver's licence by giving the person a written notice;

(

c) issue a driver's licence with restrictions as provided in

section 5;

(

d) issue a lower class of driver's licence to the person under subsection 29(4);

(

e) require the person to take such steps in relation to an action under clause (

c) or (

d) as the registrar considers appropriate;

(

f) disqualify the person from operating an off-road vehicle by giving the person a written notice.

Appeal to medical review committee

23(2)

A person may appeal the action of the registrar under subsection (1) in respect of the person's driver's licence to the medical review committee by following the appeal procedure specified by the medical review committee.

ISSUING DRIVERS' LICENCES TO MINORS

Restriction on issue of licences to minors

24(1)

The registrar must not issue a driver's licence of any class to a person under 18 years of age unless the application for the driver's licence is approved and signed

(

a) by both of the applicant's parents;

(

b) if the registrar is satisfied that it is not practical or desirable to obtain the approval and signature of both of the applicant's parents, by either of them;

(

c) if one of the applicant's parents is dead, by the surviving parent;

(

d) if the registrar is satisfied that the approval and signature of neither of the applicant's parents should be required, or if both of the applicant's parents are dead, by the applicant's legal guardian; or

(

e) in circumstances described in clause (

d) but in which the applicant has no legal guardian, by the applicant's employer, or any other person the registrar considers to be a responsible and suitable person.

Cancellation of licence issued to minor

24(2)

The registrar must cancel the driver's licence issued to a person under 18 years of age, if the registrar receives a written request from a person who approved and signed the application under subsection (1).

DRIVER'S LICENCE EXAMINATIONS

Charges for examinations

25(1)

For each attempt to pass an examination, the person required to pass the examination must pay the charge for the examination specified in the regulations under The Highway Traffic Act .

Authorized examiners

25(2)

The administrator may authorize a person to administer examinations to persons who are required to pass examinations by this Act or the regulations under this Act, whether in connection with a driver's licence application or otherwise, and may define the duties and powers of the authorized person. If the authorized person does not otherwise receive a salary for administering the examinations, the administrator may fix the fee the authorized person may retain for each examination that he or she administers.

Requirement for Examination

Examination before issue of licence

Subject to

section 28, the registrar must not issue a driver's licence of any class to a person unless the person has passed the examinations the registrar requires and satisfied any other requirements the registrar considers appropriate.

Particulars of Examination

Particulars of examination

Any examination that a person is required to pass under

section 26 must include tests of the person's

(

a) eyesight;

(

b) ability to read and understand highway signs regulating, warning and directing traffic;

(

c) knowledge of the laws of Manitoba respecting highway traffic; and

(

d) ability to exercise ordinary and reasonable control of a motor vehicle.

When Examination May Not Be Required

Exemption from examination

28(1)

The registrar may exempt an applicant for a driver's licence from any examination required under this Act if

(

a) the applicant holds a valid out-of-province driving permit issued in a province or territory of Canada or in a state of the United States;

(

b) the application is for a class 5 or 6 driver's licence and the applicant holds a valid out-of-province driving permit issued in a country or political subdivision of a country with which the government has a subsisting arrangement or reciprocal agreement as provided for in subsection 31.1(1) of The Highway Traffic Act ;

(

c) the applicant is a member of NATO Forces personnel, or a family member of such a member, and holds a valid out-of-province driving permit issued in the country in which the member permanently resides;

(

d) the applicant holds a valid out-of-province driving permit issued under the authority of the Commander, Canadian Forces Europe; or

(

e) in the three-month period immediately before the application, the applicant held a valid out-of-province driving permit described in clause (

a) or (b), and the issuing authority confirms that the applicant is eligible to hold a driving permit and drive a motor vehicle in the authority's jurisdiction.

When examination may not be required

28(2)

The registrar may issue a driver's licence of any class to a person without requiring the person to pass an examination if the person

(

a) has not allowed his or her driver's licence to lapse for more than four consecutive years since he or she last held a driver's licence of the class being issued; or

(

b) has previously passed an examination that satisfies the registrar that the person is qualified to drive a motor vehicle of any class that the driver's licence being issued authorizes the person to drive.

Exemption from driving test for certain employees

28(3)

The registrar may exempt a person who applies for a class 1, 2, 3 or 4 driver's licence from a practical driving examination required under

section 26 if

(

a) the registrar receives a certificate from the person's employer, on a form approved by the registrar, stating that the person

(

i) has satisfactorily completed the employer's training course in safely and properly driving motor vehicles of the type authorized to be driven under the class of driver's licence applied for, and

(ii) has passed the employer's practical driving examination administered in that type of motor vehicle; and

(

b) the registrar has approved the employer's training course and practical driving examination.

DRIVER IMPROVEMENT MEASURES

Further examination, interview or course required

29(1)

The registrar may require a person who holds a driver's licence of any class, or whose driver's licence or right to hold a driver's licence has been suspended or cancelled, to do one or more of the following:

(

a) pass an examination as required by

section 26 or a further examination, and satisfy any other requirements that the registrar considers appropriate;

(

b) attend an interview to discuss the person's ability to drive a motor vehicle safely or to comply with the provisions of this Act and The Highway Traffic Act and the regulations under either Act;

(

c) successfully complete a driver improvement course specified by the registrar and administered by an agency approved by the registrar, and provide the registrar with satisfactory evidence of successful completion.

Failure to comply

29(2)

If the person fails to meet a requirement under subsection (1) within the time set by the registrar, the registrar may cancel any driver's licence the person holds and may, whether or not the driver's licence is cancelled, refuse to issue any further renewal or driver's licence until the requirement is met.

Temporary licence

29(3)

Despite subsection (1), the registrar may issue a temporary driver's licence for a period of not more than 24 hours, subject to any conditions or restrictions that the registrar considers appropriate.

Issuing a lower class of driver's licence

29(4)

Despite any other provision of this Act, if a person is unable to meet the standards and requirements for a particular class of driver's licence but the registrar is satisfied that the person meets the standards and requirements for a lower class of driver's licence, the registrar may issue the lower class of driver's licence to the person.

DRIVER'S LICENCE PERIODS

Driver's licence periods

When a driver's licence consists of a driver's licence certificate and a photo identification card, the driver's licence certificate and photo identification card are each valid for the period of validity provided in the regulations, and for any extension of any of that period not longer than three months that may be provided in the regulations.

NON-RESIDENT DRIVERS

Driving by non-resident without Manitoba licence

31(1)

A non-resident who does not hold a driver's licence issued under this Act, but does hold a valid out-of-province driving permit issued in the jurisdiction in which he or she permanently resides, may drive a motor vehicle of the class or type authorized by that permit if he or she

(

a) is 16 years of age or older;

(

b) resides or carries on business in Manitoba for no more than three consecutive months in any year, or is a member of NATO Forces personnel;

(

c) has complied with the law of the jurisdiction in which he or she permanently resides relating to the licensing of drivers; and

(

d) complies with the conditions or restrictions, if any, of the out-of-province driving permit.

Delivery of permits issued outside Manitoba

31(2)

A person who applies for any class of driver's licence and who possesses a valid out-of-province driving permit must deliver the permit to the registrar before the registrar issues a driver's licence to the person.

Driving by students with out-of-province driving permits

31(3)

A student residing in Manitoba temporarily for the purpose of attending a university, college or technical school full-time in the province may drive a motor vehicle in the province without being licensed under this Act if

(

a) the student

(

i) usually resides in

(

A) a province or territory of Canada or a state of the United States, or

(

B) a country, or a political subdivision of a country, with which the government has a subsisting arrangement or reciprocal agreement under subsection 31.1(1) of The Highway Traffic Act , or

(ii) obtains the registrar's written approval to drive and complies with any conditions the registrar imposes on the approval;

(

b) the student has complied with the driver licensing laws in the place where he or she usually resides; and

(

c) the student has in his or her possession a valid out-of-province driving permit issued to him or her in the place where her or she usually resides and complies with any conditions or restrictions of the permit.

REGULATIONS

Regulations

32(1)

The Lieutenant Governor in Council may make regulations

(

a) prescribing classes and subclasses of driver's licence required to drive a specified class or type of vehicle or more than one class or type of motor vehicle, governing drivers who hold particular classes or subclasses of drivers' licences, and prescribing conditions and restrictions that shall apply to any class or subclass of drivers' licence;

(

b) respecting the issuance of driver's licences;

(

c) prescribing documents required as proof of identity and residence for the purposes of subsection 12(2), or as proof that a person is entitled to be in Canada and of the length of the entitlement, for the purposes of that subsection;

(

d) defining "person who is not resident in Manitoba" or establishing rules for determining who is a person not resident in Manitoba for the purpose of clause 6(1)(

c) and exempting persons from the requirement to be a person resident in Manitoba;

(

e) prescribing the circumstances in which a driver's licence may be issued to a person who is under the age of 16 years;

(

f) respecting the period for which drivers' licences, driver's licence certificates and photo identification cards are valid;

(

g) respecting the issuance of duplicate or replacement drivers' licence certificates and photo identification cards;

(

h) respecting the exemption of persons or classes of persons from the requirement to be photographed for the purpose of issuing a driver's licence that includes a photo identification card;

(

i) exempting any person or class of persons or any class of vehicle from any requirement of this Part or from any regulation made under this Act that relates to driver licensing, and prescribing conditions for such exemptions;

(

j) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Part.

Application of regulations

32(2)

A regulation made under subsection (1) may be general or particular in its application and may apply in whole or in part to one or more classes or types of vehicles or classes of persons to the exclusion of others, and to the whole or any part of the province.

PART 4

REGISTRATION OF VEHICLES OTHER THAN OFF-ROAD VEHICLES

When certain tractors are motor vehicles

For the purposes of this Part, a tractor that is designed and primarily used as a farm implement is a motor vehicle when it is driven on a highway except

(

a) when it is towing

(

i) an implement of husbandry in the course of agricultural operations or for farm use, or

(ii) a vehicle used in transporting the produce or livestock of the tractor-owner's farm or in transporting property for use on the farm; or

(

b) when it is being moved in the course of agricultural operations or for the purpose of being serviced.

REQUIREMENT TO REGISTER

Registration and number plate requirements

A person may not drive a motor vehicle or tow a trailer on a highway, and the person who owns a motor vehicle or trailer may not permit another person to drive or tow it on a highway,

(

a) unless

(

i) a registration card for the vehicle has been issued under this Act and is valid,

(ii) the vehicle displays, in accordance with the regulations, the quantity and type of number plates that the regulations prescribe for use on a vehicle of its registration class, and

(iii) the number plates display the vehicle's registration card number and, in accordance with the regulations, stickers showing the vehicle's registration class and that the registration is valid; or

(

b) unless a valid registration permit issued under this Act for the vehicle is displayed on or carried in it in accordance with the regulations, or a valid permit under

section 87 of The Highway Traffic Act is displayed on or carried in it in accordance with that Act.

WHEN CERTAIN VEHICLES ARE DEEMED TO BE REGISTERED

Drive-away units

35(1)

A registration card issued for a drive-away unit is deemed to be issued for all vehicles that make up the unit from time to time

(

a) when the drive-away unit displays, in accordance with the regulations, the quantity and type of number plates that the regulations prescribe for use on a drive-away unit of the lead motor vehicle's registration class; and

(

b) when the number plates display the vehicle's registration card number and, in accordance with the regulations, stickers showing the registration class of the lead motor vehicle and that the registration is valid.

Dealers' number plates

35(2)

A registration card issued to a dealer in relation to dealers' number plates is deemed to have been issued for a vehicle when

(

a) the vehicle displays, in accordance with the regulations, the quantity and type of dealers' number plates that the regulations prescribe for use on vehicles of its registration class; and

(

b) the dealers' number plates on the vehicle display its registration card number and, in accordance with the regulations, stickers showing that the registration is valid.

Repairers' number plates

35(3)

A registration card issued to a repairer in relation to repairers' number plates is deemed to have been issued for a vehicle when

(

a) the vehicle displays, in accordance with the regulations, the quantity and type of repairers' number plates that the regulations prescribe for use on vehicles of its registration class; and

(

b) the repairers' number plates on the vehicle display its registration card number and, in accordance with the regulations, stickers showing that the registration is valid.

Collector number plates

35(4)

A registration card issued to a person in relation to collector number plates is deemed to have been issued for a vehicle when

(

a) the vehicle displays, in accordance with the regulations, the quantity and type of collector number plates that the regulations prescribe for use on vehicles of its registration class;

(

b) the collector number plates on the vehicle display its registration card number and, in accordance with the regulations, stickers showing the vehicle's registration class and that the registration is valid; and

(

c) the vehicle is used for a purpose or in circumstances prescribed in the regulations.

Exceptions to Registration Requirement

Exception for certain vehicles

36(1)

Section 34 does not apply

(

a) to a trailer that is owned by a farmer, while it is being

(

i) towed by a farm tractor, and

(ii) used to transport or market the produce, including livestock, of the farm of the trailer's or tractor's owner, or to transport property for use on the owner's farm; or

(

b) to a motor vehicle that is being towed by another motor vehicle, but is not part of a drive-away unit.

Vehicles of Department of National Defence

36(2)

Section 34 does not apply to a vehicle of the Department of National Defence of Canada that displays number plates issued by the Department of National Defence.

NON-RESIDENTS AND OUT-OF-PROVINCE VEHICLES

Application to vehicles of non-residents

37(1)

Despite

section 34, the owner of a vehicle that is not registered under this Act may drive or tow it in Manitoba, or may permit it to be driven or towed in Manitoba, for the shorter of three months and the period during which the vehicle's registration or licence is valid under the laws of a juridiction outside Manitoba if

(

a) the owner and the vehicle are in compliance with the laws of the jurisdiction outside Manitoba as to the vehicle's registration or licence, and it displays the number plates authorized for use on the vehicle under those laws; and

(

b) while driving or towing the vehicle, the owner or other driver carries in the vehicle

(

i) the registration certificate or licence required under the laws of the jurisdiction outside Manitoba, and

(ii) the proof of the owner's financial responsibility required by this Act,

and produces them without delay on demand by a peace officer.

Exception re certain vehicles

37(2)

Subsection (1) does not apply to

(

a) a public service vehicle or a commercial truck;

(

b) a motor vehicle or trailer owned by a person whose head office or principal place of business is outside Manitoba but who has a business operation in Manitoba in connection with which the motor vehicle or trailer is primarily used; or

(

c) a vehicle of a type or class prescribed in the regulations for the purpose of this subsection.

Exception re vehicles of students

37(3)

A student residing in Manitoba temporarily for the purpose of attending a university, college or technical school full-time in the province may, without complying with

section 34, operate in Manitoba or permit another person to operate in Manitoba a vehicle to which subsection (1) applies if

(

a) the owner is in compliance with the vehicle registration or licensing laws of the jurisdiction in which the vehicle is registered or licensed;

(

b) the vehicle displays the number plates authorized for use on it under the laws of that jurisdiction;

(

c) when the vehicle is operated on a highway in Manitoba, the student or other driver carries

(

i) the registration certificate and licence required under the laws of that jurisdiction, and

(ii) the proof of the owner's financial responsibility required by this Act,

and produces them without delay on demand by a peace officer; and

(

d) a valid student identification sticker issued for the vehicle as provided in the regulations is displayed or carried in accordance with the regulations.

Exception re extra-provincial temporary permits

37(4)

Section 34 does not prohibit the operation in Manitoba of a vehicle, other than a public service vehicle or a commercial truck, for which there is a valid temporary registration issued by another jurisdiction in Canada if

(

a) the driver, while operating the vehicle in Manitoba, carries

(

i) the temporary registration for the vehicle, and

(ii) the proof of the vehicle owner's financial responsibility required by this Act,

and produces them without delay on demand by a peace officer; and

Exception re extra-provincial commercial vehicles

37(5)

Section 34 does not apply to a person granted an exemption or privilege under a reciprocal agreement or arrangement made under

section 4.3 of The Highway Traffic Act .

HOW TO REGISTER A VEHICLE

Application for registration

38(1)

To register a vehicle, an application for registration of a vehicle must be made to the registrar in the form and giving the particulars that the registrar requires.

Amounts payable to register a vehicle

38(2)

A person applying to register a vehicle must pay the charge specified in the regulations under The Highway Traffic Act and the premium and any additional premium prescribed under The Manitoba Public Insurance Corporation Act or the regulations under that Act for insurance required as proof of the owner's financial responsibility.

Exemption from registration charge

38(3)

A person is exempt from paying the registration charge for registering one motor vehicle if he or she

(

a) lost a limb, was rendered a paraplegic or quadriplegic, or was blinded, while on active service as a member of the armed services of Canada or during wartime as a member of the armed forces of an ally of Canada; and

(

b) uses the motor vehicle solely for pleasure.

Issuing registrations

38(4)

If the person applying to register a vehicle satisfies the registration requirements of the registrar, this Act and the regulations, the registrar may issue a registration card or registration permit for the vehicle in the applicable registration class prescribed for it in the regulations.

How long a registration card or registration permit is valid

38(5)

Subject to the provisions of this Act and the regulations as to suspension, cancellation and expiry, the registration card or registration permit for a vehicle issued under this

Part is valid for the period determined under the regulations for that vehicle.

Inspection to determine vehicle's registration class

38(6)

If the registrar is in doubt as to which registration class a vehicle ought to be registered in, the registrar may refuse to register the vehicle until it is inspected as the registrar requires and the registrar is satisfied as to the vehicle's registration class.

Documentation required to register

39(1)

The registrar may require the production of any documentation that he or she considers necessary before

(

a) issuing, transferring or cancelling a registration card or registration permit;

(

b) issuing or authorizing the use of number plates; or

(

c) performing any other function in respect of a vehicle's registration for which an application or request is made.

The documentary requirements may be different for different classes of vehicles.

Examples of documentation

39(2)

Without limiting the generality of subsection (1), the registrar may require

(

a) proof of ownership of the vehicle;

(

b) proof that the applicant is the person named in the application;

(

c) proof of the birth date of an applicant if he or she is an individual; and

(

d) proof that the applicant is a farmer if the vehicle is being registered as a farm truck.

Persons eligible to register

40(1)

The registrar must not register a vehicle except in the name of an owner

(

a) who, alone or jointly with one or more others,

(

i) has exclusive use of the vehicle together with the right to pass the property in the vehicle, or

(ii) has exclusive use of the vehicle under a lease or other agreement for a period of more than 30 days; and

(

b) who

(

i) is a person resident in Manitoba,

(ii) is a person whose head office or principal place of business is outside Manitoba but who has a business operation in Manitoba in connection with which the motor vehicle or trailer is primarily used, or

(iii) operates the vehicle as a public service vehicle or commercial truck.

Age requirement for individuals

40(2)

The registrar must not register a vehicle in the name of an individual who is less than 16 years of age, and must not register a vehicle in the name of an individual who is 16 or 17 years of age unless the individual complies with subsection 168(2) of The Highway Traffic Act .

When property in vehicle held as security

40(3)

If a person has transferred the property in a vehicle to another by way of security only, the person is deemed to be the owner of the vehicle so long as he or she has exclusive possession of it.

Joint, common and partnership interests

40(4)

For the purpose of subsection (1), owners are joint owners of a vehicle if they are joint tenants or tenants in common of the vehicle or if they are partners in a partnership that owns the vehicle.

When two or more persons eligible to register

40(5)

When two or more owners described in subsection (1) are eligible to register a vehicle, only one of them may register it.

Insurance certificate required

40(6)

The registrar must not register a vehicle unless the insurance premium and any additional premium prescribed under The Manitoba Public Insurance Corporation Act or the regulations under that Act for insurance required as proof of the owner's financial responsibility are paid.

Registration card combined with insurance certificate

40(7)

The registrar may issue a combined registration card and insurance certificate.

FALSELY OBTAINED REGISTRATIONS

Registrations by corporations

41(1)

No person shall apply for, procure or attempt to procure the registration of a vehicle in the name of

(

a) an applicant that purports to be a corporation if no such corporation exists; or

(

b) a corporation that is incorporated under the laws of a jurisdiction other than Manitoba and is required to be but is not registered under The Corporations Act or licensed under The Insurance Act .

Use of registration card or permit of non-existent corporation

41(2)

No person shall use a registration card or registration permit issued under this Act in the name of a corporation if the corporation does not exist at the time the registration card is used.

Registration falsely obtained

41(3)

The registration of a vehicle by a person other than an owner permitted to register it under this

section is null and void.

VEHICLE IDENTIFICATION NUMBERS

Missing vehicle identification numbers

42(1)

Except as provided in this section, the registrar must not register a motor vehicle if the manufacturer's vehicle identification number has been lost, removed, destroyed or altered, or is illegible.

Exceptions

42(2)

A vehicle may be registered if the registrar is satisfied that the vehicle displays a legible vehicle identification number authorized for the vehicle

(

a) under subsection (3); or

(

b) under the laws of a jurisdiction outside Manitoba.

Assignment of vehicle identification number

42(3)

The registrar may

(

a) assign a vehicle identification number to a vehicle on application by a person who has possession of the vehicle and who files proof of his or her ownership satisfactory to the registrar; and

(

b) with or without conditions, authorize a peace officer to attach the vehicle identification number permanently to the vehicle in the manner and location specified by the registrar.

REGISTRATION REQUIREMENTS FOR CERTAIN VEHICLES AND CANCELLATION IN CERTAIN CIRCUMSTANCES

Hazardous or Non-Conforming Vehicles

Registration of hazardous vehicles prohibited

43(1)

Subject to subsection (2), the registrar must not register, and must cancel the registration of, a vehicle if he or she believes that, because of its physical characteristics or condition, the vehicle is likely to create a hazard to persons or property when it is driven or towed on a highway.

Registration of non-conforming vehicles

43(2)

The registrar may, subject to any conditions or restrictions he or she considers appropriate, register a vehicle that does not conform to the requirements of this Act, The Highway Traffic Act or the regulations under either of those Acts, if

(

a) the registrar believes that the vehicle is not likely to create a hazard to persons or property when driven or towed on a highway in accordance with the conditions or restrictions; and

(

b) the vehicle is equipped in a manner that is acceptable to the registrar.

Inspection Certificate

Application

44(1)

This

section does not apply to a motor vehicle that has the status of a salvageable motor vehicle.

Inspection certificate required for registration

44(2)

The registrar must not register a motor vehicle by registration card unless the owner files with the registrar one or more inspection certificates for the motor vehicle that meet the requirements of the regulations.

Cancelling registration

The registrar may cancel the registration card for a motor vehicle if an inspection certificate for the vehicle filed under

section 44 or subsection 47(2) or (3)

(

a) was not issued in accordance with the regulations; or

(

b) is false or misleading, or misrepresents or fails to disclose a material fact.

Cancelling Registration of Irreparable or Salvageable Vehicle

Cancelling registration — irreparable vehicle

46(1)

The registrar must cancel the registration card or registration permit for a motor vehicle that has the status of an irreparable motor vehicle without delay after receiving notice under subsection 67(1) that it has been written off.

No registration of irreparable vehicle

46(2)

The registrar must not issue a registration card or registration permit for a motor vehicle that has the status of an irreparable motor vehicle.

Cancelling registration — salvageable motor vehicle

47(1)

The registrar must cancel the registration card or registration permit for a motor vehicle that has the status of a salvageable motor vehicle not later than 30 days after the motor vehicle was written off, unless during that period a replacement registration card or registration permit for the motor vehicle is issued under subsection (2).

Replacement registration for rebuilt vehicle

47(2)

The registrar may issue a replacement registration card or registration permit for a motor vehicle that has the status of a salvageable motor vehicle if the registered owner

(

a) files with the registrar, within the 30 days described in subsection (1), the inspection certificates prescribed in the regulations;

(

b) returns to the registrar the last registration card or registration permit issued for the motor vehicle; and

(

c) is otherwise eligible to be issued a registration card or registration permit.

New registration for rebuilt vehicle

47(3)

If a replacement registration card or registration permit for a motor vehicle that has the status of a salvageable motor vehicle is not issued under subsection (2), the registrar may issue a new registration card or registration permit for the motor vehicle only after the person applying for registration files with the registrar the inspection certificates prescribed in the regulations.

Registration card to indicate vehicle rebuilt

47(4)

Subject to subsection (5), a replacement registration card issued for a motor vehicle under subsection (2) or a new registration card issued for a motor vehicle under subsection (3), and every registration card issued for the motor vehicle after that, must have the word "REBUILT" shown on the card.

Exception

47(5)

Subsection (4) does not apply if a motor vehicle again has the status of a salvageable motor vehicle.

Public Service Vehicles and Commercial Trucks

Registration of PSVs and CTs

48(1)

A vehicle must not be registered as a public service vehicle or commercial truck unless

(

a) the person applying to register it meets the requirements of

Part VIII of The Highway Traffic Act ; or

(

b) the vehicle is required to be registered as a public service vehicle or commercial truck under the terms of an exemption granted by the transport board.

Temporary registration as PSV or CT

48(2)

A vehicle that is registered under this Act, other than as a public service vehicle or commercial truck, may be operated as a public service vehicle or commercial truck and may continue to display the number plates authorized at the time of registration if

(

a) there is a valid permit for it issued under subsection 281(3) of The Highway Traffic Act ;

(

b) the permit is displayed or carried in accordance with the regulations; and

Cancellation Under Reciprocal Agreements

Refusal or cancellation where reciprocal or special arrangement

The registrar may refuse to register a vehicle, may suspend or cancel the registration of a vehicle or may refuse, suspend or cancel an exemption, privilege or benefit under a reciprocal agreement or arrangement under subsection 4.3(1) or (3) of The Highway Traffic Act if

(

a) the vehicle's owner

(

i) is not entitled to the exemption, privilege or benefit under the agreement or arrangement, or

(ii) has failed to comply with a requirement of subsection 4.3(2) or (4) of that Act; or

(

b) the registration fee respecting the vehicle is prorated under an agreement or arrangement under subsection 4.3(3) of that Act and the owner of the vehicle has failed to

(

i) make, maintain and submit to the minister the records of distance required by the regulations under that Act, or

(ii) submit reports of distance within the times required by the regulations under that Act.

Taxicabs

Registration of taxicabs

The registrar must not register a motor vehicle as a taxicab unless the person applying to register it holds a taxicab business licence under The Taxicab Act .

Farm Trucks

Registration of farm trucks

The registrar must not register a truck as a farm truck unless it is registered in the name of a farmer.

Remote Community Registrations

Definition of "remote community"

52(1)

In this section, "remote community" means a community that is not connected to the provincial highway system by a year-round all-weather road.

Restricted registration for remote communities

52(2)

If the person applying to register a vehicle ordinarily resides in a remote community, the registrar may issue a registration card that restricts the use of the vehicle to highways in and adjoining the remote community.

Prohibition re vehicles restricted to remote communities

52(3)

No person shall drive or tow a vehicle registered under subsection (2), and no owner of such a vehicle shall permit another person to drive or tow it, except in accordance with restrictions of the vehicle's registration card.

Antique Motor Vehicles

Definition of "antique motor vehicle"

53(1)

In this section, "antique motor vehicle" means a motor vehicle that is at least 30 years old.

Restrictions on use of antique motor vehicles

53(2)

If an antique motor vehicle is registered in a registration class for antique motor vehicles, no person shall drive the motor vehicle on a highway, and its owner shall not allow another person to drive it on a highway, other than

(

a) to, from or in

(

i) a parade or procession, or

(ii) a rally in accordance with any conditions imposed in writing by the registrar; or

(

b) to or from a place to be serviced or repaired.

TRANSFER OF REGISTRATION

Registration expires on transfer of ownership

54(1)

Subject to

section 55, when a registered owner's interest in a vehicle passes to another person, whether by the registered owner's act or by operation of law,

(

a) the vehicle's registration expires immediately; and

(

b) except as provided in the regulations, the person who was the registered owner must return the number plates to the registrar.

The registrar may retain the number plates or may allow the person to keep them.

Return of plates by new owner

54(2)

When the interest of a registered owner of a vehicle passes to another person, whether by the registered owner's act or by operation of law, the other person must without delay return to the registrar any number plates issued to the person who was registered owner that come into the other person's possession. This subsection does not apply in respect of a number plate that is transferred to the other person under any of subsections 55(1) to (5).

Exceptions

Replacement of vehicle

55(1)

When a person who is the registered owner of a vehicle disposes of it, the person may, within a period ending on the earlier of

(

a) seven days after his or her interest in the vehicle passes; and

(

b) the expiry of its registration;

apply to the registrar to use the number plates issued for the vehicle on another vehicle of the same registration class that the person registers in his or her name for the first time. Despite

section 34, the person may display the number plates on the other vehicle and may drive or tow it, or permit another person to drive or tow it, on a highway within the period, if the driver carries in the motor vehicle bills of sale or other evidence of the acquisition of the other vehicle and the disposal of the original vehicle signed by the transferor.

Transfer of registration on death of registered owner

55(2)

When the interest of a registered owner of a vehicle passes by reason of his or her death, the registration does not expire until the expiry of the registration period. The registered owner's spouse, common-law partner or personal representative may apply for and obtain a transfer of the vehicle's registration and number plates if

(

a) the spouse, common-law partner or personal representative applies before the registration expires and satisfies the requirements of the registrar, this Act and the regulations; and

(

b) in case of a spouse's or common-law partner's application, the ownership of the vehicle passes to him or her.

Vehicle transferred to another owner

55(3)

When, under an agreement, the interest of the registered owner of a vehicle passes to another person who is an owner of the vehicle because he or she has the right to pass the property in the vehicle other than by way of security only, the other person may apply for and obtain a transfer of the vehicle's registration and number plates if

(

a) the registered owner has exclusive use of the vehicle under a lease or other agreement in writing for a period of more than 30 days;

(

b) the other person applies before the earlier of

(

i) the passing of the property in the vehicle, and

(ii) the expiry of its registration; and

(

c) the other person satisfies the requirements of the registrar, this Act and the regulations.

Transfer of fleets of vehicles

55(4)

When the registered owner of a fleet of 10 or more vehicles, or a lesser number authorized by the registrar, agrees to transfer his or her interest in them to another person, the other person may apply for and obtain a transfer of the vehicles' registrations and number plates if the other person

(

a) applies before the earlier of

(

i) the day the property in the vehicles passes, or

(ii) the day the vehicles' registrations expire; and

(

b) satisfies the requirements of the registrar, this Act and the regulations.

Transfer of public service vehicles

55(5)

When a motor carrier who is the registered owner of a public service vehicle agrees to transfer it to another person, the other person may apply for and obtain a transfer of the vehicle's registration and number plates if

(

a) the vehicle is being transferred as part of a sale, transfer or assignment by the motor carrier of his or her business rights and assets, and the transport board has approved the transfer of the motor carrier's certificate under

Part VIII of The Highway Traffic Act ;

(

b) the other person applies before the earlier of

(

i) the day the property in the vehicle passes, or

(ii) the day the vehicle's registration expires; and

(

c) the other person satisfies the requirements of the registrar, this Act and the regulations.

Temporary Transfer of Registration

Temporary transfers of registration and plates

56(1)

This

section applies in respect of a public service vehicle or taxicab which its registered owner needs to take out of service for repairs.

When registration and plates may be transferred

56(2)

The registered owner of a public service vehicle or taxicab described in subsection (1) may transfer the vehicle's registration to another vehicle of the same registration class for a period of not more than 15 days if

(

a) the registered owner holds a permit issued under subsection (3) that contains the information required by subsection (5); and

(

b) the permit is affixed

(

i) to the windshield of the other vehicle if it is not a trailer, and

(ii) to the windshield of the vehicle towing the trailer if the permit is issued for a trailer.

Despite

section 34, the other vehicle may display the number plates of the vehicle that needs repairs, and the registered owner may drive or tow the other vehicle, or permit another person to drive or tow it, on a highway during that period.

Issue of permit

56(3)

The transport board, on application by the registered owner of a public service vehicle, or The Taxicab Board, on application by the registered owner of a taxicab, may issue a permit or authorize a permit to be issued that authorizes a transfer of registration for the purposes of this section.

Registered owner must pay transfer charge or fee

56(4)

To obtain the permit the registered owner must pay the charge or fee prescribed in the regulations under The Highway Traffic Act or The Taxicab Act and any insurance premium prescribed in the regulations under The Manitoba Public Insurance Corporation Act .

Permit must be completed before use

56(5)

A permit under subsection (3) is not valid and the registered owner of the vehicles shall not use it until he or she puts the following information on it:

(

a) the particulars of the vehicles between which the registration and number plates are transferred;

(

b) the date of the transfer of the registration and number plates; and

(

c) the registered owner's name and address.

PRODUCTION OF REGISTRATION CARD

Production of registration card to registrar or justice

On demand by the registrar or a justice, the registered owner of a vehicle must without delay produce the vehicle's registration card or cab card.

CHANGE OF NAME AND ADDRESS

Change of name or address

A person who holds a valid registration card and changes his or her name or address must, within 15 days of the change, notify the registrar of his or her new name or address. On request from the registrar, the person must provide the registrar with documentation satisfactory to the registrar to verify the new address or show that the change of name complies with the laws of Manitoba.

NUMBER PLATES

Issuing Number Plates and Stickers

Issuing number plates

59(1)

When the registrar issues a registration card for a vehicle,

(

a) the registrar may issue to the registered owner the quantity and type of number plates prescribed by regulation for use on a vehicle of the vehicle's registration class; or

(

b) if the registered owner already has the quantity and type of number plates prescribed by regulation for use on a vehicle of the vehicle's registration class, the registrar may authorize the registered owner to use those number plates on the vehicle.

Issuing validation and registration class stickers

59(2)

The registrar may issue to the applicant for a registration card any validation sticker and registration class sticker required by the regulations to be displayed on a number plate authorized for use on a vehicle under subsection (1).

Design and Ownership of Number Plates

Design of number plates

60(1)

A number plate may consist of numbers, letters or words and must be of a design, colour and material determined by the registrar.

Ownership of number plates

60(2)

A number plate is the property of the Crown.

Number plates on expiry of registration

60(3)

When the registration card for a vehicle expires and is not renewed, the person who was the registered owner may keep the number plates issued with the registration card but must return them to the registrar if the registrar requests their return.

Displaying Number Plates

Visibility of number plates

61(1)

No person shall drive or tow a vehicle on a highway unless the number plates required to be displayed on it are secured in a manner and maintained in a condition so that all of the following information about the vehicle is clearly visible and readable and unobscured by any part of the vehicle, its attachments or its load:

(

a) the jurisdiction or authority that issued the number plates;

(

b) the vehicle's registration number and class;

(

c) the period of validity or date of expiry of the registration.

Effect of towing trailer or other vehicle

61(2)

A person does not contravene subsection (1) by reason only that the vehicle the person is driving is towing a trailer or other vehicle.

Devices resembling plates and plates of other jurisdictions

62(1)

No person shall drive or tow on a highway a vehicle registered under this Act that displays

(

a) a number plate of a jurisdiction outside Manitoba unless the vehicle is a public service vehicle or commercial truck operated in Manitoba and that jurisdiction requires the vehicle to display the plate; or

(

b) anything that appears to be, but is not, a number plate authorized for use under this Act, whether or not it is displayed in conjunction with a number plate authorized for use under this Act.

Exception

62(2)

Subsection (1) does not apply to a motor vehicle registered as an antique motor vehicle.

Seizing Improperly Obtained or Displayed Number Plates

Seizing number plates

63(1)

A peace officer may take possession of

(

a) a number plate that the officer believes

(

i) is not authorized for use on the vehicle displaying it,

(ii) was obtained by false pretences,

(iii) was issued in connection with a registration that has been suspended or cancelled,

(iv) is required to be returned to the registrar under

section 54 or subsection 60(3) or 94(1), or

(

v) is displayed in contravention of clause 62(1)(a); or

(

b) anything that the officer believes a vehicle displays in contravention of clause 62(1)(b).

Peace officer may detain the seized item

63(2)

The peace officer who takes possession of a number plate or other thing under subsection (1) may detain it until

(

a) the final disposition of any prosecution commenced in respect of the number plate or other thing; or

(

b) the facts concerning the number plate's issuance have been otherwise determined.

Storage of vehicles

63(3)

A peace officer who takes possession of a number plate or other thing under subsection (1) may also detain the vehicle on which it was displayed and store the vehicle in a suitable place. All costs and charges for the care, towing and storage of the vehicle are a lien on it and may be enforced in the manner provided in The Garage Keepers Act .

Dealers' Number Plates

Dealers' number plates

64(1)

The registrar may issue a dealer's number plate only to a person who holds a valid dealer's permit under

section 96.

Use of dealers' number plates generally

64(2)

No person shall attach a dealer's number plate to a vehicle other than a vehicle that is

(

a) kept for sale by a dealer;

(

b) used in the promotion of sales by a dealer, including use of the vehicle by the dealer in his or her personal capacity or by an employee or agent of the dealer or by any person with the consent of the dealer or the dealer's employee; or

(

c) in the dealer's custody and control to test or service it, or to move it from one place to another in connection with servicing or testing it.

Use on salvageable motor vehicles

64(3)

No person shall attach a dealer's number plate to a motor vehicle that has the status of a salvageable motor vehicle unless the motor vehicle

(

a) has been repaired; and

(

b) is being driven in a road test in accordance with the regulations.

Use on commercial vehicles

64(4)

No person shall attach a dealer's number plate to a vehicle for the purpose of using it to transport persons or property for compensation unless the vehicle is operated in compliance with subsection 48(2).

Use of improperly plated vehicle prohibited

64(5)

No person shall drive or tow a vehicle on a highway if a dealer's number plate is attached to the vehicle contrary to this section.

Repairers' Number Plates

Repairers' number plates

65(1)

The registrar may issue a repairer's number plate only to a repairer.

Use of repairers' number plates generally

65(2)

No person shall attach a repairer's number plate to a vehicle unless the vehicle is in the custody and control of a repairer to test or service it, or to move it from one place to another in connection with servicing or testing it.

Use on salvageable motor vehicles

65(3)

No person shall attach a repairer's number plate to a motor vehicle that has the status of a salvageable motor vehicle unless the motor vehicle

(

a) has been repaired; and

(

b) is being driven in a road test in accordance with the regulations.

Use of repairers' number plates on commercial vehicles

65(4)

No person shall attach a repairer's number plate to a vehicle for the purpose of using it to transport persons or property for compensation unless the vehicle is operated in compliance with subsection 48(2).

Use of improperly plated vehicle prohibited

65(5)

No person shall drive or tow a vehicle on a highway if a repairer's number plate is attached to the vehicle contrary to this section.

Collector Number Plates

Collector number plates

66(1)

The registrar may issue a collector number plate only to a person prescribed by regulation.

Use of collector number plates generally

66(2)

No person shall attach a collector number plate to a motor vehicle except when permitted to do so by the regulations.

Use on salvageable motor vehicles

66(3)

No person shall attach a collector number plate to a motor vehicle that has the status of a salvageable motor vehicle unless the motor vehicle

(

a) has been repaired; and

(

b) is being driven in a road test in accordance with the regulations.

Commercial use of collector number plates

66(4)

No person shall attach a collector number plate to a motor vehicle for the purpose of using it to transport persons or property for compensation unless the motor vehicle is operated in compliance with subsection 48(2).

Use of improperly plated vehicle prohibited

66(5)

No person shall drive a motor vehicle on a highway if a collector number plate is attached to the motor vehicle contrary to this section.

WRITTEN-OFF MOTOR VEHICLES

Notice of written-off motor vehicle

67(1)

An insurer or other person designated in the regulations who writes off a motor vehicle must, within six days after writing it off,

(

a) notify the registrar of the information prescribed by regulation, in the manner prescribed by regulation; and

(

b) specify in the notice whether the vehicle has the status of an irreparable motor vehicle or a salvageable motor vehicle.

Returning registration card or permit

67(2)

The person in possession of a registration card or registration permit for a motor vehicle that has the status of

(

a) an irreparable motor vehicle must return the registration card or registration permit to the registrar within six days after the motor vehicle is written off; or

(

b) a salvageable motor vehicle must return the registration card or registration permit to the registrar within 30 days after the motor vehicle is written off.

Driving an irreparable motor vehicle prohibited

67(3)

No person shall drive a motor vehicle that has the status of an irreparable motor vehicle on a highway.

Driving a salvageable motor vehicle

67(4)

No person shall drive a motor vehicle that has the status of a salvageable motor vehicle on a highway unless it

(

a) has been repaired; and

(

b) is being driven in a road test in accordance with the regulations.

REGULATIONS

Regulations

68(1)

The Lieutenant Governor in Council may make regulations

(

a) respecting the registration of vehicles;

(

b) prescribing the registration classes in which vehicles must be registered and prescribing the vehicles or categories of vehicles that may be registered in the various registration classes;

(

c) respecting transfer of ownership documents for vehicles, including

(

i) specifying whose interest as owner is required to be identified and by whom, and requiring that the vehicle's odometer reading, status as an irreparable motor vehicle or salvageable motor vehicle and other information be set out in the transfer of ownership document,

(ii) prescribing the circumstances in which a transfer of ownership document is to be provided and to whom, and when it is to be updated,

(iii) requiring a transfer of ownership document to be filed with the registrar and providing for circumstances in which the registrar may waive the filing requirement, and

(iv) exempting persons or classes of persons, or vehicles or classes of vehicles, from any requirement of the regulations;

(

d) respecting number plates, including, but not limited to, prescribing the quantity and type of number plates to be used on vehicles of a specified registration class and governing their display on a vehicle of that registration class;

(

e) respecting the issuance and form of validation stickers and registration class stickers, and their display on the number plates of vehicles or classes of vehicles;

(

f) respecting temporary registration permits for vehicles or any class of vehicles and how such permits or any class of such permits must be displayed on, or carried on or in, vehicles or any class of vehicles;

(

g) prescribing types or classes of vehicles for the purpose of clause 37(2)(c);

(

h) respecting student identification stickers and how they must be displayed on, or carried in or on, vehicles or any class of vehicles;

(

i) respecting the period for which registration cards or permits, or any class of registration cards or permits, for vehicles or any class of vehicles are valid;

(

j) respecting the issuance of duplicate or replacement registration cards, number plates, validation stickers or registration class stickers;

(

k) defining a person resident in Manitoba or establishing rules for determining who is a person resident in Manitoba for the purpose of subclause 40(1)(b)(i);

(

l) respecting the display or carrying of permits for the purpose of clause 48(2)(b);

(

m) providing, for the purpose of subsection 54(1), for those classes or types of number plates that are not required to be returned to the registrar;

(

n) prescribing classes of persons for the purposes of subsection 66(1) and providing for when a collector plate issued to a person in a specified class may be attached to a vehicle for the purposes of that subsection;

(

o) exempting any person or class of persons or any class of vehicle from any requirement of this Part or from any regulation made under this Act that relates to vehicle registration, and prescribing conditions for such exemptions;

(

p) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Part.

Application of regulations

68(2)

A regulation made under subsection (1) may be general or particular in its application and may apply in whole or in part to one or more classes or types of vehicles or classes of persons to the exclusion of others, and to the whole or any part of the province.

PART 5

REGISTRATION OF OFF-ROAD VEHICLES

Definition of "off-road vehicle dealer"

In this Part, "off-road vehicle dealer" means a person

(

a) who is engaged in the business of manufacturing, buying, selling, repairing, servicing, exchanging, leasing or exhibiting new or used off-road vehicles; or

(

b) who or acts as a broker of or commission agent of new or used off-road vehicles.

REQUIREMENT TO REGISTER

Registration required

70(1)

A person may not drive an off-road vehicle in any location, and the person who owns an off-road vehicle may not allow another person to drive it in any location, unless

(

a) a registration card for the vehicle has been issued under this Act and is valid;

(

b) the vehicle displays, in accordance with the regulations, the quantity and type of number plates that the regulations prescribe for use on an off-road vehicle of its registration class; and

(

c) the number plates display the vehicle's registration card number and, in accordance with the regulations, stickers showing that the registration is valid.

Off-road vehicle dealers' vehicles

70(2)

A registration card issued to an off-road vehicle dealer in relation to dealers' number plates is deemed to have been issued for an off-road vehicle when

(

a) the vehicle displays, in accordance with the regulations, the quantity and type of dealers' number plates that the regulations prescribe for use on vehicles of its registration class; and

(

b) the dealers' number plates on the vehicle display its registration card number and, in accordance with the regulations, stickers showing that the registration is valid.

Exception for certain off-road vehicles

Section 70 does not apply to an off-road vehicle that

(

a) is being driven on land that is owned or leased by the off-road vehicle's owner;

(

b) is registered outside Manitoba in a province, territory, state or country where its owner resides if the owner does not reside or carry on business in Manitoba for more than three consecutive months in any year;

(

c) is owned by a person who resides outside Manitoba in a province, territory, state or country and is not required to be registered under its laws;

(

d) is a motor vehicle that is registered under

Part 4 of this Act;

(

e) is owned by and being driven on behalf of the Department of National Defence of Canada and displays a number plate or other form of identification issued by that department;

(

f) is an off-road maintenance machine; or

(

g) is exempted by the regulations from the requirement to be registered.

HOW TO REGISTER AN OFF-ROAD VEHICLE

Application for registration

72(1)

An application to register an off-road vehicle must be made to the registrar in the form and giving the particulars that the registrar requires.

Amounts payable to register an off-road vehicle

72(2)

A person applying to register an off-road vehicle must pay

(

a) the charge specified in the regulations under The Highway Traffic Act ; and

(

b) if subsection 77(1) applies in respect of the vehicle, the premium prescribed under The Manitoba Public Insurance Corporation Act or the regulations under that Act for the insurance required by that subsection.

Issuing registration card

73(1)

If the person applying to register an off-road vehicle satisfies the registration requirements of the registrar, this Act and the regulations, the registrar may issue a registration card for the vehicle in the applicable registration class prescribed for it in the regulations.

Documentation for registration

73(2)

Before issuing, transferring or cancelling a registration card, issuing or authorizing the use of number plates or performing any other function in respect of an off-road vehicle's registration for which an application or request is made, the registrar may require the production of any documentation that he or she considers necessary.

Examples of documentation

73(3)

Without limiting the generality of subsections (1) and (2), the registrar may require

(

a) proof of ownership of an off-road vehicle;

(

b) proof that the applicant is the person named in the application;

(

c) proof of the birth date of an applicant who is an individual; and

(

d) an undertaking from the applicant that the vehicle will not, during the registration period, be driven on a highway in a manner that requires it to be registered under The Highway Traffic Act if the vehicle is a four-wheel drive motor vehicle, a motorcycle, or a snow vehicle that is registrable under that Act.

Persons eligible to register

74(1)

The registrar must not register an off-road vehicle except in the name of an owner

(

a) who, alone or jointly with one or more others,

(

i) has exclusive use of the vehicle together with the right to pass the property in the vehicle, or

(ii) has exclusive use of the vehicle under a lease or other agreement for a period of more than 30 days; and

(

b) who is

(

i) a person resident in Manitoba, or

(ii) a person whose head office or principal place of business is outside Manitoba but who has a business operation in Manitoba in connection with which the vehicle is primarily used.

Age requirement for individuals

74(2)

The registrar must not register an off-road vehicle in the name of an individual who is less than 16 years of age, and must not register an off-road vehicle in the name of an individual who is 16 or 17 years of age unless the application for registration is approved and signed

(

a) by both of the applicant's parents;

(

b) if the registrar is satisfied that it is not practical or desirable to obtain the approval and signature of both of the applicant's parents, by either of them;

(

c) if one of the applicant's parents is dead, by the surviving parent;

(

d) if the registrar is satisfied that the approval and signature of neither of the applicant's parents should be required, or if both of the applicant's parents are dead, by the applicant's legal guardian; or

(

e) in circumstances described in clause (

d) but in which the applicant has no legal guardian, by his or her employer, or any other person the registrar considers to be a responsible and suitable person.

Application of subsections 40(3) to (6), 41(1) and 41(2)

Subsections 40(3) to (6) and 41(1) and (2) apply, with necessary changes, to the registration of off-road vehicles.

Falsely Obtained Registrations

Registration falsely obtained

The registration of an off-road vehicle by a person other than an owner permitted to register it under this

Part is null and void.

INSURANCE REQUIREMENTS

General insurance requirements

77(1)

The registrar must not register an off-road vehicle unless the insurance premium prescribed in the regulations under The Manitoba Public Insurance Corporation Act has been paid for insurance against liability arising from bodily injury to or the death of one or more persons, or loss of or damage to property, occasioned by the use of the vehicle at least to the limits required of an off-road vehicle owner under those regulations.

Insurance requirements for off-road maintenance machines

77(2)

No person shall drive an off-road maintenance machine on land not owned or occupied by the machine's owner unless

(

a) the machine is insured under an insurance policy, in accordance with The Insurance Act and the regulations under that Act, issued to the owner insuring against liability arising from bodily injury to or the death of one or more persons, or loss of or damage to property, occasioned by the use of the machine at least to the limits mentioned in

section 249 of that Act; and

(

b) the person is authorized to drive the machine on that land under the insurance policy.

Insurance on off-road vehicle dealers' vehicles

77(3)

Unless an off-road vehicle dealer is insured by an insurance policy, in accordance with The Insurance Act and the regulations under that Act, issued to the off-road vehicle dealer insuring against liability arising from bodily injury to, or the death of, one or more persons or loss of, or damage to, property occasioned by the operation of off-road vehicles at least to the limits mentioned in

section 249 of that Act, the off-road vehicle dealer must not

(

a) attach a dealer's number plate or permit a dealer's number plate to be attached to an off-road vehicle owned by or in the custody or control of the off-road vehicle dealer; or

(

b) drive an off-road vehicle, or permit an off-road vehicle to be driven, with a dealer's number plate issued to the dealer attached to it.

Cancellation or change of insurance policy

77(4)

A cancellation of or a material change in an insurance policy described in subsection (3), other than an insurance policy of The Manitoba Public Insurance Corporation, is not effective unless the registrar is given 10 days' notice in writing stating

(

a) the name of the insured; and

(

b) the fact of cancellation or the particulars of the change in the policy, as the case may be.

Interpretation of "material change"

77(5)

In subsection (4), a change in an insurance policy is a material change if the registrar would have refused to register the vehicle under subsection (3) had the policy with the change made been provided in connection with an application to register an off-road vehicle.

Registration cancelled when insurance cancelled

77(6)

If the policy of insurance described in subsection (3) is provided by an insurer other than The Manitoba Public Insurance Corporation, the registration card for every off-road vehicle insured by the policy is cancelled when the policy is cancelled.

Combined Registration Card and Insurance Certificate

Combined registration card and insurance certificate

The registrar may issue a combined registration card and insurance certificate for an off-road vehicle insured by The Manitoba Public Insurance Corporation.

VEHICLE IDENTIFICATION NUMBERS

Missing vehicle identification numbers

79(1)

Except as provided in this section, the registrar must not register an off-road vehicle if the manufacturer's vehicle identification number has been lost, removed, destroyed or altered, or is illegible.

Exceptions

79(2)

An off-road vehicle may be registered if the registrar is satisfied it displays a legible vehicle identification number authorized for it

(

a) under subsection (3); or

(

b) under the laws of a jurisdiction outside Manitoba.

Assignment of vehicle identification number

79(3)

The registrar may

(

a) assign a vehicle identification number to an off-road vehicle on application by a person who has possession of the vehicle and who files proof of his or her ownership satisfactory to the registrar; and

(

b) with or without conditions, authorize a peace officer to attach the vehicle identification number permanently to the vehicle in the manner and location specified by the registrar.

TRANSFER OF REGISTRATION

Effect of transfer of ownership

80(1)

Subject to subsections (2) to (4), when a registered owner's interest in an off-road vehicle passes to another person, whether by the registered owner's act or by operation of law, the vehicle's registration expires immediately and, except as provided in the regulations, the registered owner must return the number plates to the registrar. The registrar may retain the number plates or may allow the person who was the registered owner to keep them.

Exception when off-road vehicle replaced

80(2)

When a person who is the registered owner of an off-road vehicle disposes of it, the person may, within a period ending on the earlier of

(

a) seven days after the passing of the person's interest in the vehicle; and

(

b) the expiry of its registration;

apply to the registrar to use the number plates issued for the vehicle on another off-road vehicle of the same type that the person registers in his or her name for the first time. Despite

section 70, the person may display the number plates on the other vehicle and may drive it, or permit another person to drive it, within the period, if the driver carries bills of sale or other evidence of the acquisition of the other vehicle and the disposal of the original vehicle signed by the transferor.

Transfer of registration on death of registered owner

80(3)

When the interest of a registered owner of an off-road vehicle passes by reason of his or her death, the registration does not expire until the expiry of the registration period. The registered owner's spouse, common-law partner or personal representative may apply for and obtain a transfer of the vehicle's registration and number plates if

(

a) the spouse, common-law partner or personal representative applies before the registration expires and satisfies the requirements of the registrar, this Act and the regulations; and

(

b) in case of a spouse's or common-law partner's application, the ownership of the vehicle passes to him or her.

Exception if vehicle disposed of by one owner to another

80(4)

When under an agreement the interest of the registered owner of an off-road vehicle passes to another person who is an owner of the vehicle because he or she has the right to pass the property in the vehicle other than by way of security only, the other person may apply for and obtain a transfer of the vehicle's registration and number plates if

(

a) the registered owner has exclusive use of the vehicle under a lease or other agreement in writing for a period of more than 30 days;

(

b) the other person applies before the earlier of

(

i) the passing of the property in the vehicle, and

(ii) the expiry of its registration; and

(

c) the other person satisfies the requirements of the registrar, this Act and the regulations.

Production of registration card and evidence of insurance

On demand by the registrar or a justice, the registered owner of an off-road vehicle must without delay produce

(

a) the vehicle's registration card for inspection if it is required to be registered under this Act; and

(

b) evidence that the off-road vehicle is insured as required under this Act.

CHANGE OF NAME AND ADDRESS

Change of name or address

A person who holds a valid registration card and changes his or her name or address must, within 15 days of the change, notify the registrar of his or her new name or address. On request from the registrar, the person must provide the registrar with documentation satisfactory to the registrar to verify the new address or show that the change of name complies with the laws of Manitoba.

NUMBER PLATES

Issuing number plates

83(1)

When the registrar issues a registration card for an off-road vehicle,

(

a) the registrar may issue to the registered owner the quantity and type of number plates prescribed by regulation for use on an off-road vehicle of its registration class; or

(

b) if the registered owner already has the quantity and type of number plates prescribed by regulation for use on an off-road vehicle of its registration class, the registrar may authorize the registered owner to use those number plates.

Issuing validation stickers

83(2)

The registrar may issue to the applicant for a registration card a validation sticker required by the regulations to be displayed on a number plate.

Design of number plates

84(1)

A number plate may consist of numbers, letters or words and must be of a design, colour and material determined by the registrar.

Crown owner of plate

84(2)

A number plate is the property of the Crown.

Visibility of number plates

85(1)

No person shall drive an off-road vehicle unless the number plates required to be displayed on it are secured in a manner and maintained in a condition so that all of the following information about the vehicle is clearly visible and readable and unobscured by any part of the vehicle, its attachments or its load:

(

a) the jurisdiction or authority that issued the number plates;

(

b) the vehicle's registration number and, if applicable, its registration class;

(

c) the period of validity or date of expiry of the registration.

Effect of towing trailer or other vehicle

85(2)

A person does not contravene subsection (1) by reason only that the off-road vehicle the person is driving is towing a trailer or other vehicle or a sleigh, cutter or toboggan.

Number plates on expiry of registration

When the registration card for an off-road vehicle expires and is not renewed, the person who was the registered owner may keep the number plates issued with the registration card but must return them to the registrar if the registrar requests their return.

Off-road vehicle dealers' number plates

87(1)

The registrar may issue an off-road vehicle dealer's number plate only to an off-road vehicle dealer that is insured as required by subsection 77(3).

Use of dealers' number plates generally

87(2)

No person shall attach an off-road vehicle dealer's number plate to an off-road vehicle unless the vehicle is owned by the off-road vehicle dealer or in the dealer's custody or control for a purpose set out in the definition "off-road vehicle dealer" in

section 69.

Seizing number plates

88(1)

A peace officer may take possession of a number plate that the officer believes

(

a) is not authorized for use on the off-road vehicle displaying it;

(

b) was obtained by false pretences;

(

c) was issued in connection with a registration that has been suspended or cancelled; or

(

d) is required to be returned to the registrar under subsection 80(1) or 94(1).

Peace officer may detain the seized item

88(2)

The peace officer who takes possession of a number plate under subsection (1) may detain it until

(

a) the final disposition of any prosecution commenced in respect of the number plate; or

(

b) the facts concerning the number plate's issuance have been otherwise determined.

REGULATIONS

Regulations

89(1)

The Lieutenant Governor in Council may make regulations

(

a) respecting the registration of off-road vehicles;

(

b) prescribing the registration classes in which off-road vehicles must be registered and prescribing the off-road vehicles or categories of off-road vehicles that may be registered in the various registration classes;

(

c) respecting transfer of ownership documents for off-road vehicles, including

(

i) specifying whose interest as owner is required to be identified and by whom, and requiring that the off-road vehicle's odometer reading and other information be set out in the transfer of ownership document,

(ii) prescribing the circumstances in which a transfer of ownership document is to be provided and to whom, and when it is to be updated,

(iii) requiring a transfer of ownership document to be filed with the registrar and providing for circumstances in which the registrar may waive the filing requirement, and

(iv) exempting persons or classes of persons, or off-road vehicles or classes of off-road vehicles, from any requirement of the regulations;

(

d) respecting number plates, including, but not limited to, prescribing the quantity and type of number plates to be used on off-road vehicles of a specified registration class and governing their display on an off-road vehicle of that registration class;

(

e) respecting the issuance and form of validation stickers and registration class stickers, and their display on the number plates of off-road vehicles or classes of off-road vehicles;

(

f) respecting the period for which registration cards or any class of registration cards for off-road vehicles or any class of off-road vehicles are valid;

(

g) respecting the issuance of duplicate or replacement registration cards, number plates, validation stickers or registration class stickers;

(

h) defining a person resident in Manitoba or establishing rules for determining who is a person resident in Manitoba for the purposes of this Part;

(

i) exempting any person or class of persons or any class of off-road vehicle from any requirement of this Part or from any regulation made under this Act that relates to off-road vehicle registration, and prescribing conditions for such exemptions;

(

j) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Part.

Application of regulations

89(2)

A regulation made under subsection (1) may be general or particular in its application and may apply in whole or in part to one or more classes or types of vehicles or classes of persons to the exclusion of others, and to the whole or any part of the province.

PART 6

SUSPENSION AND CANCELLATION OF DRIVERS' LICENCES AND VEHICLE REGISTRATIONS

SUSPENSION OR CANCELLATION BY REGISTRAR FOR CONTRAVENTIONS

Registrar's power to cancel or suspend

90(1)

For a contravention of a provision of this Act or the regulations or for any reasonable cause that the registrar considers sufficient, the registrar may, in accordance with this

section and for any period the registrar considers appropriate, do one or more of the following:

(

a) suspend or cancel a person's driver's licence, or disqualify a person from holding a driver's licence or from driving a motor vehicle in Manitoba;

(

b) disqualify a person from driving an off-road vehicle in Manitoba;

(

c) suspend or cancel a person's registration of a motor vehicle or trailer and refuse to register a motor vehicle or trailer in the person's name;

(

d) suspend or cancel a person's registration of an off-road vehicle and refuse to register an off-road vehicle in the person's name.

Notice must be given

90(2)

Before exercising his or her authority under subsection (1), the registrar must give the person a notice in writing stating that

(

a) the registrar, without further notice to the person, intends to exercise his or her powers under subsection (1) with respect to the person's licence or vehicle registration, or both, for reasons specified in the notice, unless the person shows cause why the registrar should not exercise those powers;

(

b) the person has the right to make a written submission in response to the notice within such time as the registrar considers to be reasonable and specifies in the notice; and

(

c) the person has the right to be heard in response to the notice at a location determined by the registrar if the person contacts the registrar, within such time as the registrar considers to be reasonable and specifies in the notice, to arrange a date and time for a hearing and app

Document details

Collection	Manitoba — Debates (Hansard)
Citation	38-3 b041e.php
Type	bill
Volume / chapter	38 3 b041e.php
Language	en
Format	html
Source	PROVINCIAL
Identifier	06c2b89b75ecfdd285881038db6a19d08b6d1b48

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